Kentucky Statutes 100.202 – Land use regulation permitting placement of all property within planning unit within a single zone — Addressing land use proposals as conditional use
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(1) Subject to KRS § 100.137(3), nothing in this chapter shall preclude the legislative bodies and fiscal courts of cities and counties comprising a planning unit from enacting a land use regulation which places all property within their respective jurisdictions in a single zone and addressing all land use proposals therein as conditional use permits.
(2) The text of any land use regulation enacted pursuant to this section need not comply with the provisions of KRS § 100.203, and may provide that the planning commission shall assume all powers and duties of a board of adjustment as provided in KRS
100.217 to 100.263. Any appeal from an action of the planning commission in granting or denying a variance or conditional use permit shall be taken pursuant to KRS § 100.347(2).
Effective: July 15, 2002
History: Amended 2002 Ky. Acts ch. 346, sec. 140, effective July 15, 2002. — Created
1988 Ky. Acts ch. 144, sec. 10, effective July 15, 1988.
(2) The text of any land use regulation enacted pursuant to this section need not comply with the provisions of KRS § 100.203, and may provide that the planning commission shall assume all powers and duties of a board of adjustment as provided in KRS
Terms Used In Kentucky Statutes 100.202
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Board: means the board of adjustment unless the context indicates otherwise. See Kentucky Statutes 100.111
- Commission: means planning commission. See Kentucky Statutes 100.111
- Conditional use: means a use which is essential to or would promote the public health, safety, or welfare in one (1) or more zones, but which would impair the integrity and character of the zone in which it is located, or in adjoining zones, unless restrictions on location, size, extent, and character of performance are imposed in addition to those imposed in the zoning regulation. See Kentucky Statutes 100.111
- Conditional use permit: means legal authorization to undertake a conditional use, issued by the administrative official pursuant to authorization by the board of adjustment, consisting of two (2) parts:
(a) A statement of the factual determination by the board of adjustment which justifies the issuance of the permit. See Kentucky Statutes 100.111 - Unit: means planning unit. See Kentucky Statutes 100.111
- Variance: means a departure from dimensional terms of the zoning regulation pertaining to the height, width, length, or location of structures, and the size of yards and open spaces where such departure meets the requirements of KRS
100. See Kentucky Statutes 100.111
100.217 to 100.263. Any appeal from an action of the planning commission in granting or denying a variance or conditional use permit shall be taken pursuant to KRS § 100.347(2).
Effective: July 15, 2002
History: Amended 2002 Ky. Acts ch. 346, sec. 140, effective July 15, 2002. — Created
1988 Ky. Acts ch. 144, sec. 10, effective July 15, 1988.